HomeMy WebLinkAboutContract 57621 CSC No. 57621
CITY OF FORT WORTH, TEXAS
STANDARD AGREEMENT FOR GENERAL PROFESSIONAL SERVICES
This agreement ("Agreement") is between the City of Fort Worth, a Texas home-rule
municipality ("City"), and RJN Group, Inc.. authorized to d❑ business in Texas ("Consultant"),
for a project generally described as: In-House CCTV Professional Service Assistance With
Training Support. inspection and Analysis ("Project") -- Project No. SWS — 092.
Article
Scope of Services
(1) Consultant hereby agrees to perform professional services as set forth in this
Agreement and the Scope of Services, attached hereto as Attachment "A"
("Services"). These Services shall be performed in connection with the Project.
(2) Additional services, if any, will be memorialized by an amendment to this Agreement.
(3) All reports, whether partial or complete, prepared under this Agreement, including
any original drawings or documents, whether furnished by City, its officers, agents;
employees, consultants, or contractors, or prepared by Consultant, shall be or
become the property of City, and shall be furnished to the City, prior to or at the time
such services are completed, or upon termination or expiration of Agreement.
Article 11
Compensation
Consultant shall be compensated an amount up to $250.000.00 ("Contract Amount") in
accordance with the Fee Schedule shown in Attachment"B". Payment shall be considered
full compensation for all labor (including all benefits, overhead and markups), materials.
supplies, and equipment necessary to complete the Services.
Consultant shall provide monthly invoices to City. Payments for services rendered shall be
made in accordance with the Texas Prompt Payment Act (Texas Government Code Ch.
2251).
Acceptance by Consultant of said payment shall release City from all claims or liabilities
under this Agreement for anything related to, performed, or furnished in connection with the
Services for which payment is made, including any act or omission of City in connection with
such Services.
Article III
Term
City of Fort Worth,Texas Storm Drain In-House CCTV Professional Service Assistance
With Tralning Support.lnspecGon and Analysis
Standard Agreement for Professional Services Project No.SWS-092
Revision Dale:November 23.2021
Page 1 of OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
Time is of the essence.The term of this Agreement shall commence on the Effective Date and
shall continue until the expiration of the funds or completion of the subject matter pursuant to
the schedule, whichever occurs first, unless terminated in accordance with the terms of this
Agreement. Unless specifically otherwise amended, the original term shall not exceed five
years from the original effective date.
Article IV
Independent Contractor
Consultant shall ❑perate hereunder as an independent contractor and not as an officer, agent,
servant, or employee of City. Consultant shall have exclusive control of and the exclusive right
to control the details of the work to be performed hereunder and of all persons performing
same, and shall be solely responsible for the acts and omissions of its officers, agents,
employees, contractors and subcontractors. The doctrine of respondeat superior shall not
apply as between City and Consultant, its officers, agents, employees, contractors, and
subcontractors, and nothing herein shall be construed as creating a partnership or joint venture
between City and Consultant.
Article V
Professional Competence
Work performed by Consultant shall comply in all aspects with all applicable local, state and
federal laws and with all applicable, standards, codes, rules and/or regulations promulgated
by local, state and national boards, bureaus and agencies. Approval to proceed by City of
Consultant's work or work product shall not constitute or be deemed to be a release of the
responsibility and liability of Consultant or its officers, agents, employees, contractors and
subcontractors for the accuracy and competency of its performance of the Services.
Article VI
Indemnification
CONSULTANT, AT NO COST TO THE CITY, AGREES TO 1NDEMNIFYAND HOLD CITY,
ITS OFFICERS, AGENTS, SERVANTS AND EMPLOYEES, HARMLESS AGAINST ANY
AND ALL CLAIMS, LAWSUITS, ACTIONS, COSTS AND EXPENSES OF ANY KIND,
INCLUDING, BUT NOT LIMITED TO, THOSE FOR PROPERTY DAMAGE OR LOSS
(INCLUDING ALLEGED DAMAGE OR LOSS TO CONSULTANT'S BUSINESS AND ANY
RESULTING LOST PROFITS)ANDIOR PERSONAL INJURY, INCLUDING DEATH, THAT
MA Y RELA TE TO, ARISE OUT OF OR BE OCCASIONED BY CONSULTANT'S BREACH
OF (i) ANY OF THE TERMS OR PROVISIONS OF THIS AGREEMENT OR (ii) ANY
NEGLIGENT ACT OR OMISSION OR INTENTIONAL MISCONDUCT OF CONSULTANT,
ITS OFFICERS, AGENTS, ASSOCIATES, EMPLOYEES, CONTRACTORS (OTHER
THAN THE CITY) OR SUBCONTRACTORS RELATED TO THE PERFORMANCE OR
City of Fort Worth.Texas Storm Drain In-House CCTV Professional Service Assistance
With Training Support.Inspection and Analysis
Standard Agreementfor Professional Services Project No.SWS-092
Revision pate:Novemher23,2021
Page 2 of 9
NON-PERFORMANCE OF THIS AGREEMENT. THIS SECTION SHALL SURVIVE ANY
TERMINATION OR EXPIRATION OF THIS A GRE'EMEN T.
Article VII
Insurance
Consultant shall not commence work under this Agreement until it has obtained all insurance
required under Attachment F and City has approved such insurance.
Article VIIl
Force Majeure
City and Consultant shall exercise their best efforts to meet their respective duties and
obligations as set forth in this Agreement, but shall not be held liable for any delay or
omission in performance due to force majeure or other causes beyond their reasonable
control, including, but not limited to: acts of the public enemy, fires, strikes, lockouts, natural
disasters, epidemics/pandemics, wars, riots, material or labor restrictions by any
governmental authority and/or any other similar causes.
Article IX
Transfer or Assignment
Consultant, its lawful successors and assigns, shall not assign, sublet or transfer any interest
in this Agreement without prior written consent of City.
Article X
Termination of Contract
(1) City may terminate this Agreement for convenience by providing written notice to
Consultant at least 30-days prior to the date of termination, unless Consultant agrees
in writing to an earlier termination date.
(2) Either City or Consultant may terminate this Agreement for cause if either party fails
to substantially perform, through no fault of the other and the nonperforming party
does not commence correction of such nonperformance within 5 days after receipt of
written notice or thereafter fails to diligently pursue the correction to completion.
(3) If City chooses to terminate this Agreement, upon receipt of notice of termination by
Consultant, Consultant shall discontinue Services on the date such termination is
effective. City shall compensate Consultant for such services rendered based upon
Article I[ of this Agreement and in accordance with Exhibit "B".
Article XI
Right to Audit
City of Fort Worth,Texas Storm Drain In-House CCTV Professional Service Assistance
With Training Support,Inspection and Analysis
Standard Agreement for Professional Services Project No.SWS-092
Revision Date:November 23,2021
Page 3 of 9
(1) Consultant agrees that City shall, until the expiration of three (3) years after final
payment under Agreement, have access to and the right to examine any directly
pertinent books, documents, papers and records of Consultant involving transactions
relating to Agreement. Consultant agrees that City shall have access during normal
working hours to all necessary facilities and shall be provided adequate and appropriate
workspace in order to conduct audits in compliance with the provisions of this section.
City shall give Consultant reasonable advance notice of intended audits.
(2) Consultant further agrees to include in all its subcontracts hereunder, a provision to
the effect that the subcontractor agrees that City sha11, until the expiration of three (3)
years after final payment under the subcontract, have access to and the right to
examine any directly pertinent books, documents, papers and records of such
subcontractor(s), involving transactions to the subcontract, and further, that City shall
have access during normal working hours to all subcontractor facilities, and shall be
provided adequate and appropriate work space in order to conduct audits in
compliance with the provisions of this article. City shall give Consultant and any
subcontractor reasonable advance notice of intended audit.
(3) Consultant and subcontractor(s) agree to photocopy such documents as may be
requested by City. City agrees to reimburse Consultant for the cost of copies at the rate
published in the Texas Administrative Code in effect as of the time copying is performed.
Article Xll
Business Equity Participation
City has goals for the full and equitable participation of minority business and/or women
business enterprises in City contracts greater than $100,000. In accordance with City's
Business Equity Ordinance No. 25165-10-2021 (replacing Ordinance No. 24534-11-2020, as
codified in Chapter 20, Article X of the City's Code of Ordinances, as amended, and any
relevant policy or guidance documents), Consultant acknowledges the MBE and WBE goals
established for Agreement and its execution of this Agreement is Consultant's written
commitment to meet the prescribed MBE and WBE participation goals.Any misrepresentation
of facts (other than a negligent misrepresentation) and/or the commission of fraud by
Consultant may result in the termination of Agreement and debarment from participating in City
contracts for a period of time of not less than three (3) years.
Article XIII
Observe and Comply
Consultant shall at all times observe and comply with all federal, state, and local laws and
regulations and with all City ordinances and regulations which in any way affect Agreement
and the work hereunder, and shall observe and comply with all orders, laws ordinances and
regulations which may exist or may be enacted later by governing bodies having jurisdiction or
authority for such enactment. No plea of misunderstanding or ignorance thereof shall be
City of Fort Worth,Texas Storm Drain fin-House CCTV Professional Service Assistance
With Training Support,Inspection and Analysis
Standard Agreementfor Professional Services Project No.S1NS-092
Revision Date:November 23,2021
Page 4 of 9
considered. Consultant agrees to defend, indemnify and hold harmless City and all of its
officers, agents and employees from and against all claims or liability arising out of the violation
of any such order, law, ordinance, or regulation, whether it be by itself or its employees or its
subcontractor(s).
Article XIV
Immigration Nationality Act
Consultant shall verify the identity and employment eligibility of its employees and
employees of all subcontractors) who perform work underAgree men t, including completing
the Employment Eligibility Verification Form (1-9). Upon request by City, Consultant shall
provide City with copies of all 1-9 forms and supporting eligibility documentation for each
employee who performs work under Agreement. Consultant shall adhere to all Federal and
State laws as well as establish appropriate procedures and controls s❑ that no services will
be performed by any Consultant employee who is not legally eligible to perform such
services. CONSULTANT SHALL INDEMNIFY CITY AND HOLD CITY HARMLESS FROM
ANY PENALTIES, LIABILITIES, OR LOSSES DUE TO VIOLATIONS OF THIS
PARAGRAPH BY CONSULTANT, CONSULTANT'S EMPLOYEES,
SUBCONTRACTORS, AGENTS, OR LICENSEES. City, upon written notice to Consultant,
shall have the right to immediately terminate Agreement for violations of this provision by
Consultant.
Article XV
Venue and Jurisdiction
If any action, whether real or asserted, at law or in equity, arises on the basis of any provision
of Agreement, venue for such action shall lie in state courts located in Tarrant County, Texas
or the United States District Court for the Northern District of Texas -- Fort Worth Division.
Agreement shall be construed in accordance with the laws of the State of Texas.
Article XVI
Contract Construction/No Waiver
The parties acknowledge that each Party and, if it so chooses, its counsel, have reviewed
and revised Agreement and that the normal rule of contract construction, to the effect that
any ambiguities are to be resolved against the drafting party, must not be employed in the
interpretation of Agreement or any amendments or exhibits hereto.
The failure of City or Consultant to insist upon the performance of any term or provision of
this Agreement or to exercise any right granted herein shall not constitute a waiver of City's
❑r Consultant's respective right to insist upon appropriate performance ❑r to assert any such
right on any future occasion.
Article XVII
City of Fart Worth,Texas Storm Drain In-House CCTV Professional Service Assistance
Wth Training Support,Inspection and Analysis
Standard Agreement for Professional Services Project No.SWS-092
Revision Date!November 23,2021
Page 5 of 9
5everability
The provisions of Agreement are severable, and if any word, phrase, clause, sentence,
paragraph, section or other part of Agreement or the application thereof to any person or
circumstance shall ever be held by any court of competent jurisdiction to be invalid or
unconstitutional for any reason, the remainder of Agreement and the application of such
word, phrase, clause, sentence, paragraph, section, or other part of Agreement to other
persons or circumstances shall not be affected thereby and Agreement shall be construed
as if such invalid or unconstitutional portion had never been contained therein.
Article XVlll
Notices
Notices regarding Articles IX or X are to be provided to the other Party by hand-delivery or
via U.S. Postal Service certified mail return receipt requested, postage prepaid, to the
address of the other Party shown below:
City of Fort Worth
Attn: Cannon R. Henry, P.E., CFM
Stormwater Infrastructure Manager
Transportation and Public Works Department
1000 Throckmorton St.
Fort Worth, Texas 76102
Consultant:
RJN Group, Inc.
Attn: Javier Valdez, E.I.T.
6707 Brentwood Stair Rd.
Fort Worth, TX 76112
All other notices may be provided as described above or via electronic means.
Article XIX
Prohibition On Contracts With Companies Boycotting Israel
Consultant, unless a sole proprietor, acknowledges that in accordance with Chapter 2271 of
the Texas Government Code, if Consultant has 10 or more full time-employees and the
contract value is $100,000 or more, the City is prohibited from entering into a contract with
a company for goods or services unless the contract contains a written verification from the
company that it: (1) does not boycott Israel; and (2) will not boycott Israel during the term of
the contract. The terms "boycott Israel" and "company" shalt have the meanings ascribed
to those terms in Section 808.001 of the Texas Government Code. By signing this
City of Fort Worth,Texas Storm Drain In-House CCTV Professional Servire Assistance
With Training Support,Inspection and Analysis
Standard Agreementfor Professional Services Project No.SWS-092
Revision Date:November 23,2021
Page 6 of 9
contract, Consultant certifies that Consultant's signature provides written verification
to the City that if Chapter 2271,Texas Government Code applies, Consultant: (1) does
not boycott Israel; and (2) will not boycott Israel during the term of the contract.
Article XX
Prohibition on Boycotting Energy Companies
Consultant acknowledges that in accordance with Chapter 2274 of the Texas Government
Cade-(as added by Acts 2021, 87th Leg., R.S., S.B. 13, § 2), the City is prohibited from
entering into a contract for goods or services that has a value of $100,000 or more, which
will be paid wholly or partly from public funds of the City, with a company (with 10 or more
full-time employees) unless the contract contains a written verification from the company
that it: (1) does not boycott energy companies; and (2) will not boycott energy companies
during the term of the contract. The terms "boycott energy company" and "company" have
the meaning ascribed to those terms by Chapter 2274 of the Texas Government Code (as
added by Acts 2021, 87th Leg., R.S., S.B. 13, §2). To the extent that Chapter 2274 of the
Government Code is applicable to this Agreement, by signing this Agreement,
Consultant certifies that Consultant's signature provides written verification to the
City that Consultant: (1) does not boycott energy companies; and (2) will not boycott
energy companies during the term of this Agreement.
Article XXI
Prohibition on Discrimination Against Firearm and Ammunition Industries
Consultant acknowledges that except as otherwise provided by Chapter 2274 of the Texas
Government Code (as added by Acts 2021, 87th Leg., R.S., S.B. 19, § 1), the City is
prohibited from entering into a contract for goods or services that has a value of $100,000
or more which will be paid wholly or partly from public funds of the City,with a company(with
10 or mare full-time employees) unless the contract contains a written verification from the
company that it: (1) does not have a practice, policy, guidance, or directive that discriminates
against a firearm entity or firearm trade association; and (2) will not discriminate during the
term of the contract against a firearm entity or firearm trade association. The terms
"discriminate," "firearm entity" and "firearm trade association" have the meaning ascribed to
those terms by Chapter 2274 of the Texas Government Code (as added by Acts 2021, 87th
Leg., R.S., S.B. 19, § 1). To the extent that Chapter 2274 of the Government Code is
applicable to this Agreement, by signing this Agreement, Consultant certifies that
Consultant's signature provides written verification to the City that Consultant: (1)
does not have a practice, policy, guidance, or directive that discriminates against a
firearm entity or firearm trade association; and (2) will not discriminate against a
firearm entity or firearm trade association during the term of this Agreement.
City of Fort Worth,Texas Storm Drain Ire-House CCTV Professional Service Assistance
With Training Support.inspection and Analysis
Standard Agreementfor Professional Services Project No,SWS-092
Revision Date:November 23,2021
Page 7 of 9
Article XXII
Headings
The headings contained herein are for the convenience in reference and are not intended to
define or limit the scope of any provision of Agreement.
Article XXIII
Attachments, Schedules and Counterparts
This Agreement may be executed in one or more counterparts and each counterpart shall,
for all purposes, be deemed an original; but all such counterparts shall together constitute
but one and the same instrument.
The following attachments and schedules are hereby made a part of Agreement:
Attachment A - Scope of Services
Attachment B — Compensation
Attachment C - Changes to Agreement
Attachment D - Project Schedule
Attachment E - Location Map (Not Needed)
Attachment F — Insurance Requirements
Duly executed by each party's designated representative to be effective on the date subscribed
by the City's designated Assistant City Manager.
BY: BY:
CITY OF FORT WORTH CONSULTANT
RJN Group, Inc.
Do no 3 u rg'd o ff I05y 2 f,2 }.. ZA"-,
Dana Burghdoff Daniel Jacks n, P.E.
Assistant City Manager Sr. Vice President
Date: May 27,2022 Date: May 16, 2022
4b4�R��
ATTEST: p�f°Fonr a�
dB aX 6-
.57
�T.202215/
0c °_�
Jannette Goodall ° °
City Secretary °°°°°° ICY,as�ExA5oa
City of Fort worth,Texas Storm Drain In-House CCTV Professional Service Assistance
With Training Suppon,Inspection and Analysis
Standard Agree ment for P rofes sional Services Project No.SWS-092
Revision Date:November 23.2021
Page 8 of 9
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
APPROVAL RECOMMENDED:
By: .."John W I V. •U,27.2?14!J2 C Otl
William M. Johnson
Director, Transportation & Public Works
APPROVED AS TO FORM AND LEGALITY Form 1295 No. 2022-852826
M&C No.: 22-0275
Dgh-1,kMSy 27,202 CD 2 16:17 T]
I3y,
Douglas W Black M&C Date: 04/12/2022
Sr. Assistant City Attorney
Contract Compliance Manager:
By signing)__�
I acknowledge that I am the person responsible for the monitoring and
admin=st .ir., c� ', is contract, including ensuring all performance and reporting
repI Irerr
Cannon 'R. HenryP E CFM
5tormwater Infrastructure Manager
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
City of Fwt Worth,Texas Storm Drain In-House CCTV Prdessiona]Service Assistance
Wth Training Support.Inspection and Analysis
Standard Agree men tfor Professional Services Project No.SWS-092
Revision Hate:November 23.2021
Page 9 cf 9
In-House CCTV Professional Service Assistance With Training Support,Inspection and Analysis
Professional Service Assistance
Attachment A:Scope of Services
INDEX
Purpose and Need
Target Objectives
Potential Work Efforts
Professional Services Fee
Purpose and Need
As part of the development of the City of Fort Worth,Transportation and Public Works Department,
Storm water Management's Storm Drain Rehabilitation Program has acquired the necessary equipment
to perform close circuit television (CCTV)inspections via City Staff within the Stormwater Field
Operations Group. As part of the overall development and implementation of the internal inspection
program,the following services are needed:
1. Establish CCTV procedures and protocols for the In-House program
2. Develop best management practices such to have a self-sufficient In-House program
3. Provide technical support and guidance for In-House program
Target Objectives
RJN will focus on providing training support and guidance with software, inspection and data storage for
the In-House program such to have smooth and seamless transfer of In-House captured data into the
overall Storm Drain Rehabilitation Program.
Based on the City's Storm Drain Rehabilitation Program Manager, RJN's efforts will seek to do the
following:
■ To provide support to 5tormwater Field Operation staff to allow the program to set metrics and
meet establish key performance indicators
• Define goals for level of service(LOS)
■ Establish process flow diagrams for the program
• Plan for the scale of the In-House program in the future--such to inform for future decisions
■ Establish roles and responsibilities -resource needs
■ Provide recommendation and rehab technique
The objective of this effort is to provide a support and a framework that the In-House staff can utilize to
scale the inspection program assessment of data and inform future decisions of the program
Potential Work Efforts
This contract provides for professional services through task order assignments on an as-needed basis.
Some of these task orders may be urgent in nature and a rapid response capability is required. Under
this Scope, "ENGINEER"is expected to include consultant and any sub-consultant,employed, or
contracted by the ENGINEER.
The tasks below are intended to be a summary of the tasks that are anticipated to be involved with the
services provided for this contract. Detailed descriptions of the specific task,budgets and schedules will
be developed at the time of each task assignment. Task orders will be issued via written authorization
by the city and will include project scope,fee and schedule. All work to be performed under this
contract will be in support of the In-house CCTV Support Program objectives and fee for services shall
not exceed the approved contract amount. Fee and scope amendments that may be required will be
authorized by the city as necessary for the completion of this project assignment.
Potential tasks performed by the RJN team may include, but are not Iimited to the following:
• Training of use of equipment and software
• Assist staff with pipe evaluations and scoring
• Meetings to provide support and feedback of acquired data
■ Data review and QA/QC of data
■ Training of scoring data
■ Evaluate and document pipe rehabilitation methods
• Provide recommendation and rehab technique
■ determine required resources to support ongoing In-House program
Professional Services Fee
The estimated fee to complete the basic services for this project is not to exceed$250,000. This
contract includes an optional Year 2 (FY 23),Year 3 (FY 24)and Year 4(FY 25) renewal of$250,000 for
each additional year and will not exceed the available budgets of the fiscal year allocations.The total
contact not-to-exceed amount is$1,040,000.
ATTACHMENT B
COMPENSATION
Design Services for
In-House CCTV Professional Service Assistance With Training Support, Inspection and
Analysis
City Project No. SWS -092
Time and Materials with Rate Schedule Project
I. Compensation
A. The ENGINEER shall be compensated for personnel time, non-labor expenses,
and subcontract expenses in performing services enumerated in Attachment A
as follows:
i. PersonneI Time. Personnel time shall be compensated based upon hours
worked directly in performing the PROJECT multiplied by the appropriate Labor
Category Rate for the ENGINEER's team member performing the work.
Labor Category Rate as presented in the rate schedule table below is the rate for
each labor category performing the work and includes all direct salaries,
overhead, and profit.
Labor Category 2022 Rate 2023 Rate
$/hour $/hour
Project Director 344.00 354.32
-Sr. Project Mana er 218.00 224.54
Project Manager 170.00 175.10
Project Engineer 133.00 136.99
Field Staff 85.00 87.55
GIS Analyst 122.00 125.66
Data Analyst 96.00 98.88
Clerical 140.00 144.20
Outsourced Labor 130.00 133.90
ii. Non-Labor Expenses. Nan-labor expenses shall be reimbursed as Direct
Expenses at invoice or internal office cost.
Direct Expenses (non-labor) include, but are not limited to, mileage, travel and
lodging expenses, mail, supplies, printing and reproduction services, other direct
expenses associated with delivery of the work; plus applicable sales, use, value
added, business transfer, gross receipts, or other similar taxes.
iii. Subcontract Expenses. Subcontract expenses and outside services shall
be reimbursed at cost to ENGINEER plus a markup of ten percent(10%).
iv. Budgets. ENGINEER will make reasonable efforts to complete the work
within the budget and will keep the City informed of progress toward that end so
that the budget or work effort can be adjusted if found necessary.
City of Fort worth.Texas
Attachment B
PMO Official Release Date:8.09.2012
Page 1 of 4
B-1
ATTACHMENT B
COMPENSATION
ENGINEER is not obligated to incur costs beyond the indicated budgets, as may
be adjusted, nor is the City obligated to pay ENGINEER beyond these limits.
If ENGINEER projects, in the course of providing the necessary services, that the
PROJECT cost presented in Article 2 of this Agreement will be exceeded, whether
by change in scope of the project, increased costs or other conditions, the
ENGINEER shall immediately report such fact to the City and, if so instructed by
the City, shall suspend all work hereunder.
When any budget has been increased, ENGINEER's excess costs expended prior
to such increase will be allowable to the same extent as if such costs had been
incurred after the approved increase.
B. The ENGINEER shall be paid monthly payments as described in Section 11 -
Method of Payment.
II. Method of Payment
A. The ENGINEER shall be paid by the City based upon an invoice created on the
basis of statements prepared from the books and records of account of the
ENGINEER, based on the actual hours and costs expended by the ENGINEER
in performing the work.
B. Each invoice shall be verified as to its accuracy and compliance with the terms of
this Agreement by an officer of the ENGINEER.
C. ENGINEER shall prepare and submit invoices in the format and including content
as presented in Exhibit B-1.
D. Payment of invoices will be subject to certification by the City that such work has
been performed.
III. Progress Reports
A. The ENGINEER shall prepare and submit to the designated representative of the
Transportation and Public Works Department, Stormwater Management's, Storm
Drain Rehabilitation Program monthly progress reports and schedules in the
format required by the City.
City of Fort Worth,Texas
Attachment B
PMO Official Release Date:8,092012
Page 2 of d
B-2
ATTACHMENT B
COMPENSATION
IV. Summary of Total Project Fees
Firm Primary Responsibility Fee Amount %
Prime Consultant
RJN Group, Inc Provide Professional Services 250,000.00 100
Proposed MBEISBE Sub-Consultants
1
Nan-MBEISBE Consultants
TOTAL $250,000.00 100%
Project Number& Name Total Fee MBEISBE Fee MBEISBE
SVVS-092-InHouse CCTV Professional
Service Assistance With Training Support, $250,00U0 NIA NIA %
Inspection and Analysis
City MBEISBE Goal = 0% Consultant Committed Goal 0 %
Special Note: Please note, that a waiver of the goal for Business Equity subcontracting
requirement was approved by the DVIN-BE, in accordance with the Business Equity Ordinance,
because the purchase of goods and services is from sources where subcontracting or supplier
opportunities are negligible.
City of Fort Worth,Texas
Attachment B
PMO Official Release Date:8.09,2012
Page 3 of 4
B-3
EXHIBIT "B-1"
ENGINEER INVOICE
(Supplement to Attachment B)
lefephory
for I nvoice
office address rerniI address
Supplier Project No.
CFW Project Manager Proj.Invoice mo.
Involce dale:
Suppliers Project Manager'
Supplier's PM ernall: Period Service Date:Frorn
Service Date:To
Name of Profect: City Secretary Contract#:
P.O.Number.
Labor Cateaory Name Hours Rate Slhr Amount
Pic nrJ r a,rrarie(oxamalol S0 eD
Semcr EnpinDu Iaxomvg) SO OD
'cc-iexann Ic $0.00
Junior Erga%wcr(e)am la I SO-OD
CAD Te ImLLan Iexaln lei SD.00
Ail minsi nl Na Su arl iairxm Iel $0 OD
c:c SO-OD
So DD
so 0D
SO OD
SD DD
So.DD
Se 00
so.DD
Total Labor 0.0 $0.00
Subcontract Service
Subconlroct Sn�•�t nnen Ins
SolomatraCt Serwe-r2 oxam log
d1c
Subcontractor Subtotal $0.00
10 PAwtoi M;Irkup on SuACan!rBCi Services SD LvD
Nonlabor Expenses
Nenlabor Expense Subtotal t0.00
Total Expanses(Subcontract Services+Markup+Nonlabor Expenses) $0.00
TOTAL DUE THIS INVOICE $0.00
City of Fort Worth,Texas
Attachment B
PMOOfficial Release Date:8.09.2012
Page 4 of 4
B-4
ATTACHMENT "C"
CHANGES AND AMENDMENTS TO STANDARD AGREEMENT
Design Services for
In-House CCTV Professional Service Assistance With Training Support, Inspection
and Analysis
City Project No. SWS- 092
NO CHANGES
City of Fort Worth.Texas
Attachment C
PM Release Date:05.19.2010
Page I of 1
-----------------
w e
a m
> \
o £
2
(
@ � �
¢ o /
ƒ \
« I R
7 U \
§ \
2 LL
c 0
\ O
w \ cm /
-Jg w
o2N § \
22q
OU21 §�
2 e
mmkL: 2 ƒ
2tv 2 .
$ � d � C
E L a _ « z
/ \k _
« & 2 °
\ � j
/ ƒ
3
\ w
\ U \
o Z
2 2 7
¢ ±
\ � �
c e r
(
o ° E D LA
\ = kk 2 6 B
\ 2 2 \ � m $ \ 3 \ E
En / k E \ E E
R a)
) L) E \ a- k
.7 / _ / o0 oe
E / / / / I U) \ e
/ e
§ § w § R qw to
EXHIBIT F
CITY OF FORT WORTH
STANDARD INSURANCE REQUIREMENTS
(1) INSURANCE LIMITS
a. Commercial General Liability — Insured shall maintain commercial general
liability (CGL) and, if necessary, commercial umbrella insurance as follows:
$1,000,000 each occurrence
$2,000,000 aggregate
If such Commercial General Liability insurance contains a general aggregate
limit, it shall apply separately to this Project or location.
i. City shall be included as an additional insured with a1I rights of defense
under the CGL, using ISO additional insured endorsement or a
substitute providing equivalent coverage, and under the commercial
umbrella, if any. This insurance shall apply as primary insurance with
respect to any other insurance or self-insurance programs afforded to
City. The Commercial General Liability insurance policy shall have no
exclusions or endorsements that would alter or nullify:
premises/operations, products/completed operations, contractual,
personal injury, or advertising injury, which are normally contained
within the policy, unless City specifically approves such exclusions in
writing.
ii. Insured waives all rights against City and its agents, officers, directors
and employees for recovery of damages to the extent these damages
are covered bythe commercial general liability orcommercial umbrella
liability insurance maintained in acco rdance with Agreement.
b. Business Auto — Insured shall maintain business auto liability and, if
necessary, commercial umbrella liability insurance as follows:
$1,000,000 each accident (or reasonably equivalent limits
of coverage if written on a split limits basis).
Such insurance shall cover liability arising out of "any auto", including owned,
hired, and non-owned autos,when said vehicle is used in the course of Insured's
business and/or the Project. If Insured owns no vehicles, coverage for hired or
non-owned autos is acceptable.
Insured waives all rights againstCity and its agents,officers,directors and
employees for recovery of damages to the extent these damages are
covered by the business auto liability or commercial umbrella liability
insurance ❑btained by Insured pursuant to this Agreement or under any
applicable auto physical damage coverage.
CFW Standard Insurance Requirements Page 1 of 3
Rev.5.04.21
c. Workers'Compensation— Insured shall maintain workers compensation and
employer's liability insurance and, if necessary, commercial umbrella liability
insurance as follows:
Coverage A: statutory limits
Coverage B: $100,000 each accident
$500,000 disease - policy limit
$100,000 disease each employee
Insured waives all rights against City and its agents,officers,directors and
employees for recovery of damages to the extent these damages are
covered by workers compensation and employer's liability or commercial
umbrella insurance obtained by Insured pursuant to this Agreement.
d. Professional Liability (Errors & Omissions) — Insured shall maintain
professional liability insurance as follows:
$1,000,000 - Each Claim Limit
$2,000,000 -- Aggregate Limit
Professional Liability coverage may be provided through an endorsement to
the Commercial General Liability policy, or a separate policy specific to
Professional E&O. Either is acceptable if coverage meets all other
requirements. Coverage shall be written on a claims-made basis, and
maintained for the duration of the contractual agreement and for five (5) years
following completion of services provided. The policy shall contain a retroactive
date prior or equal to the Effective Date of the Agreement or the first date of
services to be performed,whichever is earlier. An annual certificate of insurance
shall be submitted to City to evidence coverage.
(2) GENERAL INSURANCE REQUIREMENTS
a. Certificates of insurance evidencing that Insured has obtained all required
insurance shall be attached to Agreement concurrent with its execution.Any
failure to attach the required insurance documentation hereto shall not
constitute a waiver of the insurance requirements.
b. Applicable policies shall be endorsed to name City as an Additional Insured,
as its interests may appear, and must afford the City the benefit of any
defense provided by the policy. The term City shall include its employees,
officers, officials, and agents as respects the contracted services.Applicable
policies shall each be endorsed with a waiver of subrogation in favor of City
with respect to the Project.
c. Certificate(s) of insurance shall document that insurance coverage limits
specified in this Agreement are provided under applicable policies
documented thereon. Insured's insurance policy(s) shall be endorsed to
provide that said insurance is primary protection and any self-funded or
CFVV Standard Insurance Requirements Page 2 of 3
Rev. 5.04.21
commercial coverage maintained by City shall not be called upon to
contribute to loss recovery. Insured's liability shall not be limited to the
specified amounts of insurance required herein.
d. Other than worker's compensation insurance, in lieu of traditional
insurance, City may consider alternative coverage or risk treatment
measures through insurance pools or risk retention groups. City must
approve in writing any alternative coverage for it to be accepted.
e. A minimum of thirty (30) days' notice of cancellation or material change in
coverage shall be provided to City. A ten (10)days'notice shall be acceptable
in the event of non-payment of premium.
f. Insurers must be authorized to do business in the State of Texas and have a
currentA.M. Best rating of A:VII ❑r equivalent measure of financial strength
and solvency as determined by the City's Risk Management division.
g. Any deductible or self-insured retention in excess of $25,000 that would
change or alter the requirements herein is subject to approval in writing by
City, if coverage is not provided on a first-dollar basis. City, at its sole
discretion,may consentto alternative coverage maintained through insurance
pools or risk retention groups.Dedicated financial resources or letters of credit
may also be acceptable to City.
h. In the course of the Agreement, Insured shall report, in a timely manner, to
City's Risk Management Department with additional notice to the Contract
Compliance Manager, any known loss or occurrence which could give rise
to a liability claim or lawsuit against City or which could result in a property
loss.
i. City shall be entitled, upon its request and without incurring expense, to
review Insured's insurance policies including endorsements thereto and, at
City's discretion, Insured may be required to provide proof of insurance
premium payments.
j. Lines of coverage, other than Professional Liability, underwritten on a claims-
made basis, shall contain a retroactive date coincident with or priorto the date
of this Agreement. The certificate of insurance shall state both the retroactive
date and that the coverage is claims-made.
k. Coverages,whether written an an occurrence or claims-made basis, shall be
maintained without interruption nor restrictive modification or changes from
date of commencement of the Project until final payment and termination of
any coverage required to be maintained after final payments.
I. City shall not be responsible for the direct payment of any insurance
premiums required by Agreement.
m. Subcontractors of Insured shall be required by Insured to maintain the same
or reasonably equivalent insurance coverage as required for Insured. Upon
City's request, Insured shall provide City with documentation thereof.
CRN Standard Insurance Requirements Page 3 of 3
Rev. 5.04.21
M&C Review Page 1 of 3
Official site of the City of Fort Worth,Texas
CITY COUNCIL AGENDA FORT
Create New From This M&C
DATE: 4/12/2022 REFERENCE NO.: **M&C 22-0275 LOG NAME: 20SWM IN-
HOUSE CCTV
CODE: C TYPE: CONSENT PUBLIC NO
HEARING:
SUBJECT: (ALL)Authorize Execution of an Engineering Agreement with RJN Group, Inc., in an
Amount Not to Exceed $250,000.00 to Support the City of Fort Worth's Storm Drain
Rehabilitation Program In-House Closed-Circuit Television Project with Up to Three
Renewals and a Maximum Contract Duration of Five Years, Adopt Attached Appropriation
Ordinance and Amend the Fiscal Years 2022-2026 Capital Improvement Program
RECOMMENDATION:
It is recommended that the City Council:
1. Authorize execution of an engineering agreement with RJN Group, Inc., in an amount not to
exceed $250,000.00 to support the City of Fort Worth's Storm Drain Rehabilitation Program In-
House Closed-Circuit Television project (City Project No. 103963) with up to three renewals at
the City of Fort Worth's sole option and a maximum contract duration of five years;
2. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in
the Stormwater Capital Fund in the amount of$250,000.00, from available funds, for the purpose
of funding the City of Fort Worth's Storm Drain Pipe Rehab project (City Project No. P00114);
and, decreasing estimated receipts and appropriations in the Unspecified project (City Project No.
UNSPEC) by the same amount; and
3. Amend the Fiscal Years 2022-2026 Capital Improvement Program.
DISCUSSION:
Approval of this Mayor and Council Communication will authorize execution of an engineering agreement
in an amount not to exceed $250,000.00 to assist the City of Fort Worth (City) in the implementation of the
Stormwater Management Program's Storm Drain Rehabilitation Program In-House Closed-Circuit
Television (CCTV) project by providing the following: training to use the equipment and software; assisting
staff with pipe evaluations to identify and prioritize corrective rehab measures; reviewing and performing
QAIQC of data; and, development of processes and protocols needed fora self-sufficient In-House
Program for our Storm Drain Rehabilitation Program.
The development of a Storm Drain Rehabilitation Program is a Level 1 Priority, Key Initiative included in
the 2018 Council adopted Stormwater Management Program Master Plan. Storm drain rehabilitation is
one of the Stormwater Management Program'. top priorities due to the life safety risk that can happen
when deteriorating storm drain pipe creates sinkholes.
From a Request for Qualifications (RFQ) for storm water management professional and engineering
services dated July 29, 2021 and August 5, 2021, RJN Group, Inc., was selected as the most qualified
consultant for this work based on published selection criteria and their submitted specific proposal to
provide pipe assessment and condition program services.??RJN Group, Inc. proposes to perform the
scope of work for this contract for a not-to-exceed fee of$250,000.00.??The City will issue individual task
orders to authorize the consultant to perform work under this agreement until such time as the contract
funds have been expended.?The City, at its sole option, may renew this contract three times under the
same terms and conditions.??Staff considers the fee to be fair and reasonable for the anticipated services
to be performed.
http:llapps.cfwnet.org/council_packet/me review.asp?ID=29829&councildate=411212022 5/9/2022
M&C Review Page 2 of 3
This contract will not result in any additional annual operating cost for the Transportation and Public Works
(TPW) Stormwater Management Division.
The funding was included in the FY2022-2026 Capital Improvement Program for project P00114. In order
to administratively track the spending of all funding sources in one project, appropriation ordinances are
needed to appropriate additional funds into the programmable project to jointly funded future Stormdrain
Pipe Rehab child projects. The action in this M&C will amend the Fiscal Year 2022 Adopted Budget as
approved in connection with Ordinance 25073-09-2021, Section 6, as listed on page 27.
Revised
Capital Fund Project FY2022 CIP Budget Change FY2022
Name Name appropriations Authority (Increase/Decrease) Budget
52002-
Stormwater P00114-
Capital Stormdrain
Project Pipe Rehab $1,600,000.00 This M&C $250,000.00 $1,850,000.00
MIWBE Office—A waiver of the goal for Business Equity subcontracting requirement has been approved
by the Department of Diversity and Inclusion-Business Equity Division, in accordance with the Business
Equity Ordinance, because the purchase of goods or services is from sources where subcontracting or
supplier opportunities are negligible.
This project is located in ALL COUNCIL DISTRICTS
FISCAL IN FOR MATZO NIC ERTIFICATIO N:
The Director of Finance certifies that funds are available in the current capital budget, as previously
appropriated, in the Stormwater Capital Projects Fund for the Storm ❑rain Rehabilitation Program in House
CCTV project and upon approval of the above recommendations and adoption of the attached
appropriation ordinance, funds will be available in the Stormwater Capital Projects Fund for future identified
task order projects related to the Stormdrain Pipe Rehab programmable project to support the approval of
the above recommendation and execution of the engineering agreement. Prior to any expenditure being
incurred, the Transportation & Public Works Department has the responsibility to validate the availability of
funds.
TO
Fund ' Department Account Project Program Activity Budget Reference# Amount
ID ID Year (ChartSeld 2)
FROM
Fund Department Account Project Program j Activity Budget Reference# j Amount
ID ID Year [Chartfield 2)
Submitted for City Manager's Office by: Dana Burghdoff(8018)
Originating Department Head:_ William Johnson (7801)
Additional Information Contact: Greg Simmons( 862)
http:Ilapps.efwnet.orglcounc1_packetlmc_review.asp?1D=29829&councildate=411212022 5/9/2022
M&C Review Page 3 of 3
ATTACHMENTS
20SWM IN-HOUSE CCTV Funds Availability.0 (CFW Internal)
20SWM IN-HOUSE CCTV 52002_AO22(r2).dpcx (Public)
20SWM IN-HOUSE CCTV P00114 Programmable Proi Bud Summa df (CFW Internal)
20SWM IN-HOUSE CCTV Updated FID table.xlsx (CFW Internal)
Form 1295 Certificate 100874808,pdf {CFW Internal)
RJN Group SAM-2022. df (CFW Internal)
Waiver SWS-092 In-House CCTV 012122.pdf (CFW Internal)
http:/Lapps.cfwnet.org/council_packet/mc_review.asp?ID=29829&councildate=4/1212022 5/9/2022